Trade Mark – Registration Process & Validity (4 Step Process)

Trade mark is a symbol, combination of characters or numerals used by a company to uniquely identify its goods or services from others in the market. Trade mark registration can help prevent repetition or duplication of a goods or service by competitors or other persons. Today most businesses are involved in building a brand and invest significant amount of resources into advertising and marketing initiatives. For such businesses, a trade mark registration will ensure that their investment and efforts are protected from unscrupulous copy-cats. In this article, we look at the registration process, types of trade mark and validity of a registered Trade Mark in detail.

Benefits of Trade Mark

The biggest benefit to having a Trade Mark registered is for the protection of the brand and the business by contributing to the goodwill of the business. Further, having a strong brand can act as a bridge between the customer and the product by ensuring they are loyal and affiliated to the business for a long time.

The following are some of the other benefits:

It gives credits to the source of the product or service.
It guarantees its quality
It helps in the advertisement of goods and service.

Infographic 7 Reasons to Get Trademark

Validity of Registered Trade Mark

Once a trade mark application is filed with the Trade Mark office, the applicant can begin using the TM symbol. If the trademark is registered, the applicant can use the R symbol. All registered trade marks are valid for a period of 10 years from the date of application. At the end of its validity, a Trade Mark can be renewed easily by paying the Government fee for registration. Know more about

Trade Mark renewal.

Documents Required for Trade Mark Registration

The following is the list of documents required for Trade Mark registration in India:

A copy of the trademark or of the logo. In case of Trade Mark for word, logo is not required.
Applicant’s details like name, address and nationality.
In case of company or LLP, the incorporation certificate.
Udyog Aadhar registration, in case the company is eligible for lower filing fee.
Description of goods or services represented by the mark.
Trademark class under the application must be filed.
Power of attorney in Form 48 Format should be signed by the applicant

Trade Mark Registration Process

Registration for Trade Mark can be easily done in four steps and they are as follows:

Step 1: Trademark Search

The first step is Trade Mark search. The search should be done in both for various combination of similar marks on the intellectual property website. In case similar marks are found, check the description to see if the mark represents the same set of goods or services proposed by you.

Step 2: Application Preparartion

In the second step, an application is prepared by the Trade Mark Attorney. Form 48 and TM-1 will be prepare for approval and signature of the Trade Mark applicant.

Step 3: Application Filing

In the third step, the Trade Mark filing is completed with the Trade Mark Registry. The Government fee for registering a Trade Mark for an individual, startup, small enterprise is Rs.4500. For all other types of applicant, the Government fee is Rs.9000. there is a separate fee setup for the attorney professional which is Rs.3500 for each application.

Step 4: Government Processing

Once a trade mark application is filed and the Government is processing the application, the status of the Trade Mark application must be checked periodically. In case of objection, an objection reply must be submitted by the applicant within 30 days. Similarly, in case of opposition, the applicant must respond in a time-bound manner to allay the concerns of the counter-party. Know more about

trademark status.

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Frequently Asked Questions

Common questions about Trademark Registration Process and Validity in India.

The article outlines a four-step process for trademark registration: (1) Conducting a trademark search to ensure the mark is unique, (2) Preparing the application with a trademark attorney, (3) Filing the application with the Trademark Registry along with the required fees, and (4) Monitoring the application's status and responding to any objections or oppositions raised by the government.

According to the article, a registered trademark is valid for a period of 10 years from the date of application. After the initial 10-year validity period, the trademark can be easily renewed by paying the required government fee for registration renewal.

The article mentions several benefits of trademark registration, including protecting the brand and business from unscrupulous copying, contributing to the goodwill of the business, acting as a bridge between the customer and the product, ensuring customer loyalty, providing credits to the source of the product or service, guaranteeing quality, and helping in the advertisement of goods and services.

The documents required for trademark registration in India, as per the article, include a copy of the trademark or logo, applicant's details (name, address, nationality), incorporation certificate (for companies/LLPs), Udyog Aadhar registration (for lower filing fee eligibility), description of goods or services represented by the mark, trademark class under which the application must be filed, and a signed Power of Attorney in Form 48.

The article states that the first step in the registration process is conducting a trademark search. This search is done to ensure that the proposed trademark or similar marks are not already registered for the same set of goods or services, as this could lead to potential conflicts or legal issues.

According to the article, once a trademark application is filed, the applicant can begin using the TM symbol. If the trademark is successfully registered, the applicant can then use the R symbol, which signifies that the mark is officially registered.

The article mentions that the government fee for registering a trademark for an individual, startup, or small enterprise is Rs. 4,500, while for all other types of applicants, the fee is Rs. 9,000. Additionally, there is a separate professional fee for the trademark attorney, which is typically Rs. 3,500 per application.

The article advises checking the status of the trademark application periodically once it has been filed and is being processed by the government. This can be done through the appropriate channels or resources provided by the Trademark Registry.

In case of objections raised by the government or oppositions filed by other parties, the article recommends that the applicant must respond within the specified time frame, typically 30 days for objections, and submit the necessary replies or clarifications to address the concerns raised.

Yes, the article clearly states that at the end of the initial 10-year validity period, a registered trademark can be easily renewed by paying the required government fee for registration renewal.